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TITLE
1. ADMINISTRATION OF THE GOVERNMENT
CHAPTER 32. SOUTH CAROLINA RELIGIOUS FREEDOM ACT
S.C.
Code Ann. § 1-32-10 (1999)
§
1-32-10. Short title.
This
chapter may be cited as the "South Carolina Religious Freedom
Act".
§
1-32-20. Definitions.
In
this chapter:
(1) "Demonstrates"
means meets the burdens of going forward with the evidence
and of persuasion.
(2) "Exercise
of religion" means the exercise of religion under the
First Amendment to the United States Constitution or Article
I, Section 2 of the State Constitution.
(3) "Person"
includes, but is not limited to, an individual, corporation,
firm, partnership, association, or organization.
(4) "State"
means the State of South Carolina and any political subdivision
of the State and includes a branch, department, agency,
board, commission, instrumentality, entity, or officer,
employee, official of the State or a political subdivision
of the State, or any other person acting under color of
law.
§
1-32-30. Purposes of chapter.
The
purposes of this chapter are to:
(1) restore
the compelling interest test as set forth in Wisconsin
v. Yoder, 406 U.S. 205 (1972), and Sherbert v.
Verner, 374 U.S. 398 (1963), and to guarantee that
a test of compelling state interest will be imposed on
all state and local laws and ordinances in all cases in
which the free exercise of religion is substantially burdened;
and
(2) provide
a claim or defense to persons whose exercise of religion
is substantially burdened by the State.
§
1-32-40. Restriction on state's ability to burden exercise
of religion.
The
State may not substantially burden a person's exercise of
religion, even if the burden results from a rule of general
applicability, unless the State demonstrates that application
of the burden to the person is:
(1) in
furtherance of a compelling state interest; and
(2) the
least restrictive means of furthering that compelling
state interest.
§
1-32-45. Inmate litigation.
This
chapter does not affect the application of and must be applied
in conjunction with Chapter 27 of Title 24, concerning inmate
litigation.
§
1-32-50. Burden on exercise of religion a claim or defense;
attorney's fees.
If
a person's exercise of religion has been burdened in violation
of this chapter, the person may assert the violation as
a claim or defense in a judicial proceeding. If the person
prevails in such a proceeding, the court shall award attorney's
fees and costs.
§
1-32-60. Applicability; construction.
(A) This
chapter applies to all state and local laws and ordinances
and the implementation of those laws and ordinances, whether
statutory or otherwise, and whether adopted before or after
the effective date of this act.
(B) Nothing
in this chapter may be construed to authorize the State
to burden any religious belief.
(C) Nothing
in this chapter may be construed to affect, interpret, or
in any way address:
(1) that
portion of the First Amendment of the United States Constitution
prohibiting laws respecting the establishment of religion;
(2) that
portion of Article I, Section 2 of the State Constitution
prohibiting laws respecting the establishment of religion.
(D) Granting
state funding, benefits, or exemptions, to the extent permissible
under the constitutional provisions enumerated in subsection
(C)(1) and (2), does not constitute a violation of this
chapter.
As
used in this subsection, "granting", with respect to state
funding, benefits, or exemptions, does not include the denial
of government funding, benefits, or exemptions.
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